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basavaraj shiromani (Advocate)     17 April 2019

Cause of act to file complaint u/s 138 of ni act.

A Sugar Factory passed a resolution by giving authorization to one of its employee to take legal steps against the persons for 'breach of contract'. In the year 2010, the person accused, issued a cheque to the society, it is bounced, subsequently case was filed based on a resolution passed in the year 2009 which was passed to take legal steps against the persons for breach of contract. Whether the case is maintainable ?


 1 Replies

venkatesh Rao (Retired Government Servant)     08 April 2020

Resolution passed in 2010 cancels the earlier rsolution. But, any action laready taken and paending in the court of law shall be prosecuted by the person authorised under 2009 resolution. 

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